BILL ANALYSIS
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Date of Hearing: June 23, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
ACA 2 (Furutani) - As Introduced: December 1, 2008
SUBJECT : Elections: voting age.
SUMMARY : Allows a person who is 17 years old and who will be 18
years old at the time of the next general election to register
and vote in that general election and in any intervening primary
or special election that occurs after the person registers to
vote.
EXISTING LAW :
1)Requires an elector to be at least 18 years old in order to
vote in any local, state, or federal election.
2)Allows a person that will be 18 years old at the time of the
next election to register to vote.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Constitutional Amendment : According to the
author:
The 2008 general election demonstrated that the growing
demographic of young voters are coming out and
participating in larger numbers. Young people (ages 18-29)
represented 18% of total voters in this past November's
election. This is a good display of youth empowerment, but
we can do better. ACA 2 will allow more California youth
to participate in the full scope of the electoral process
as soon as legally possible. ACA 2 will help increase the
turnout among young voters because it empowers and
encourages the growing demographic of young voters to
participate and come out and vote.
This amendment will allow for registered 17-year-olds who
will be 18 by the time of the general election the right to
vote in corresponding primary and special elections. Under
current law, 17-year-olds who will be 18 by the general
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election for which they qualify to vote are allowed to
register to vote. This bill would simply allow these young
voters to exercise their right to vote in the primary
election-allowing them to help decide the nominees who will
appear on the general election ballot.
2)Consistent with United States Constitution : The Twenty Sixth
Amendment to the United States Constitution states, "The right
of citizens of the United States, who are eighteen years of
age or older, to vote shall not be denied or abridged by the
United States or by any state on account of age."
Additionally, Article II, Section 2 of the California
Constitution states, "A United States citizen 18 years of age
and resident in this State may vote." Because the U.S.
Constitution only addresses abridging the right to vote and
this measure expands voting rights there appears to be no
conflict with the federal constitution. In an opinion dated
April 12, 2004, the Legislative Counsel opined that an
amendment to the California Constitution to permit a person
under the age of 18 to vote would not violate federal law.
3)Arguments in Support : According to the FairVote:
Young eligible voters have traditionally voted at the
lowest rates because they are not prepared for
participation. The 17-year-old primary voting policy
ensures more young people are on the voter rolls and
prepared to participate in the general election. Studies
have shown that voting is habit forming; someone who votes
at a young age is likely to vote for life. Expanding
voting rights to eligible 17-year-olds during the primaries
increases youth turnout in the general election-as observed
in the numerous states that already allow 17-year-olds to
vote in the caucuses and primaries. High school is often
the moment of the first contact with the political process;
it is an ideal time to give young voters ownership in the
political process by allowing them to vote in primaries.
4)Previous Legislation : ACA 15 (Mullin) of 2008 is an identical
measure which would have allowed 17 year olds who would be 18
years old by the date of the next general election to vote in
any intervening primary or special elections. ACA 15 was
approved by this committee and the Assembly Appropriations
Committee, but the measure died on the Inactive File on
Assembly Floor.
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AB 1608 (Liu) of 2003 would have allowed an individual who was
17 years old and would be 18 years old by the date of the next
general election to register for and vote in any intervening
primary or special election. AB 1608 was not voted on in
committee after Legislative Counsel issued an opinion stating
that the policy proposed by the bill required an amendment to
the state constitution.
5)Related Legislation : AB 30 (Price), which is pending in the
Senate, allows a person who is 16 years of age to pre-register
to vote, provided he or she otherwise meets all eligibility
requirements.
6)Approval by Voters : As a constitutional amendment, this
measure requires the approval of the voters to take effect.
Legislation making the statutory changes necessary to
implement this constitutional amendment would also be
required.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Student Association
FairVote
League of Women Voters of California
Los Angeles County Young Democrats
New America Foundation
University of California Student Association
Opposition
Capitol Resource Family Impact
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094